|
From an infoethical perspective, the issues
of privacy, accuracy, property and access
are paramount when assessing how librarians
and information professionals can best
meet the challenges of the information age
and knowledge economy. |
Ethics, librarianship and information science
Derived from the Greek ethos (custom),
ethics today signifies the philosophy
of morals or the science of moral
values and correct action. In this
sense, the enduring values of librarianship
have always been ethical. As the
profession adjusts to the information
society and the knowledge economy,
the relevance of ethics will become
more apparent. New Public Management,
new technologies and e-users are
making their impact felt in all types of
libraries, as are the wider issues of
globalisation, digital literacy, the digital
gap, digital rights management, commodification
of information, privacy,
authenticity, confidentiality, censorship,
copyright, intellectual property
rights, grey literature, and electronic
filters - not to speak of the impact of
GATS (General Agreement on Trade in
Services) and WTO (World Trade Organisation)/
TRIPS (Trade-related
Aspects of Intellectual Property
Rights). The librarian is fast becoming
an information professional, and new
competencies, including infoethics, are
called for, both in the profession and in
Library and Information Science (LIS)
education and research.
As defined by the Association of College
and Research Universities, ‘information
literacy’ includes understanding
the economic, legal, and social
issues surrounding the use of information,
as well as accessing and using
information ethically and legally. At
Oslo University College, ethical awareness
is an institutional priority, and
within LIS ethics and infoethics are
taught at both BA and MA level. At the
doctoral level, Oslo University College
has just received accreditation of its
first doctoral degree in the study of
professions, where professional ethics is
a major component. Internationally,
there are around 70 universities and
research institutes which currently
engage in research on information
ethics, according to the International
Centre for Information Ethics. This
figure is likely to increase as information
science and theory evolve with
new developments in constructivism,
systems theory, action theory and
modernisation theory.
IFLA
In August 2005, Norway will host the
71st Annual IFLA General Conference
and Council. Almost 4,000 delegates
from well over a hundred countries are
expected. It is therefore appropriate to
reflect on the four core values of IFLA
which member associations are
committed to:
- The endorsement of the principles
of freedom of access to information
ideas and works of imagination and
freedom of expression embodied in
Article 19 of the Universal Declaration
of Human Rights
- The belief that people, communities
and organisations need universal
and equitable access to information,
ideas and works of imagination for
their social, educational, cultural,
democratic and economic wellbeing
- The conviction that delivery of high
quality library and information
services helps guarantee that access
- The commitment to enable all
Members of the Federation to
engage in, and benefit from, its activities
without regard to citizenship,
disability, ethnic origin, gender,
geographical location, language,
political philosophy, race or religion.
IFLA/UNESCO guidelines
and IFLA/FAIFE codes of ethics
Building on these four core values, the
IFLA/UNESCO recommended guidelines
for the development of public
library services note that “Public library
staff have a responsibility to
maintain high ethical standards in their
dealings with the public, other members
of staff and with external organisations”
(IFLA 2001:65).
It is significant that IFLA defines its
Committee on Free Access to Information
and Freedom of Expression
(FAIFE), whose secretariat is located in
Copenhagen, as one of its six core activities.
The adoption by many library
associations of codes of ethics or
conduct is an indication of the level of
commitment in many countries to
IFLA values and FAIFE activities. No
less than 31 such codes are currently
listed by FAIFE, many of recent origin.
The codes can be compared to
compasses which can provide ethical
guidance to staff in difficult situations
and dilemmas regarding users, colleagues,
information and collections.
While the national library associations
of Iceland and Sweden, and partly also
Finland, have agreed on codes of ethics
for all types of librarians, this is not the
case in Denmark and Norway. Since
2002, Norwegian academic, research
and special libraries have had recommended
ethical guidelines for all staff.
In addition, several public libraries
such as Oslo Municipal Library and
Bærum Public Library have adopted
ethical guidelines, consistent with the
IFLA/UNESCO recommendations. Codes
per se are not crucial, but underlying
ethical awareness and debate are.
Over the last four years I have lectured
on ethics to many librarians and information
professionals in and outside
Norway. My impression is that there is
growing ethical awareness, especially
regarding free access, privacy and
censorship. This is promising.
The LIS infoethical survival kit
Whereas laws focus on legality, ethics is
concerned with legitimacy. Civil disobedience
is a reminder that some laws
can be felt to be unfair or unjust. Some
laws can also be simply unethical or
wrong, which slavery in America and
the Holocaust in Nazi-Germany are
two examples of. Today many would
also include in this category religious
laws such as Islamic sharia law, and
laws regulating divisive issues such as
abortion and embryo-based research.
How librarianship as a profession relates
to ethical practice is influenced by
ethical theory and research. These
often distinguish between two basic
approaches: consequentialist theories
advise us to select the action with the
best possible consequences, as when
utilitarian theory states that our chosen
action must benefit the greatest number
of people. This approach may lead
to sacrificing the rights of a minority.
The second approach consists of
deonthological theories, according to
which it is our duty to do what is right.
This perspective can lead to conflicts
when there are contending views of
duty.
To prepare for the outlined challenges,
I propose ‘the LIS infoethical survival
kit’: This is in condensed form a model
showing the main sources, issues and
relationships in contemporary infoethics,
which are also expected to be
essential in the years ahead. In the figure
below, three sources of four ethical
issues and four associated individual
rights are identified. To simplify, I shall
mostly comment on the four ethical
issues raised: privacy, accuracy, property
and access.

Sources, issues and individual rights (adapted from Zwass 2003:1056)
Privacy
The pervasiveness of information
technology, leading e.g. to video surveillance
in libraries, is an ethical issue
and can affect the individual rights of
privacy and free consent. Database
matching and misuse of statistical databases
with large quantities of personal
records in particular threaten
privacy invasion. In the US in the wake
of the Total Awareness Act a virtual
grand database is being created with
financial records, medical records,
communication records and travel
records plus intelligence data of a great
number of people. The objective is to
track individuals through amassing as
much information as possible about
them, including their possible use of
library services. Knowledge discovery
tools will find patterns and associations,
and presumably make it possible
to pre-empt possible terrorist action.
The EU Directive on Data Protection
from 1995 offers Europeans in general
better privacy standards than Americans.
This includes Norway where the
Personal Data Act of 2000 is modelled
on the EU Directive and is vigorously
enforced by the Data Inspectorate. Still,
even in Norway anti-terrorist legislation
following September 11, 2001,
seems to take precedence: In Norway
some universities and colleges were
asked in early 2004 to report the names
and identities of all foreign students.
The primary targets are presumably
foreign students in sensitive disciplines
like physics or toxicology from countries
that have not signed non-proliferation
treaties. The issues of privacy
(and accuracy) are obviously at stake
for all those registered, whether they
are potential terrorists or not. As for
possible long-term effects for all those
involved, e.g. later difficulties in security
clearance and possible Berufsverbot,
one can only speculate.
Accuracy
The complexity of information systems
lead to errors, and inaccurate library
records may prevent you from borrowing
books. Inaccurate information
can also prevent you from obtaining a
credit card, or a job, and incorrect
medical information can in an emergency
prove fatal. An ethical approach
to information accuracy serves to
secure the individual right of due
process, and must allow individuals to
correct inaccurate information concerning
themselves. Similarly, inaccurate
sources should be identified and dealt
with. Secondly, there must be regular
information audits. Thirdly, an information
professional should not misrepresent
his/her qualifications to
perform a task, and should also make
clear to the employer expected consequences
of overruling his/her professional
opinion. The EU Directive offers
a single information privacy standard
whereas U.S. federal privacy requirements
vary according to industry
sector and type of information collected.
Moreover, the EU Directive imposes
a much stricter privacy standard
than in the US, e.g. the “unambiguous
consent” provisions, requiring individuals
to “opt-in” to having their information
collected and stored, and the
“right of access,” which allows any individual
to request a copy of stored
information about him or her, and in
some cases, demand its deletion. The
EU Directive furthermore does not
allow the transfer of personal information
to any country that does not have
‘adequate’ privacy laws.
Property
Property is most affected by the intangible
nature of information and software.
Intellectual property such as software
or digitised music is protected by
several legal mechanisms. Propertyrelated
issues such as patents, copyrights
- the two most important forms
of intellectual property – trade marks,
industrial secrets, are at the centre of
the activities of WIPO (World Intellectual
Property Organisation). Some do
not accept restrictions on the free utilisation
of intellectual property, e.g. in
countries where piracy is openly justified
or covertly condoned. One sometimes
meets arguments that poverty
bars paying high prices for imports, or
even that piracy sets the score right for
colonial exploitation. Faced by digital
piracy and illicit copying, proprietary
software producers in addition frequently
restrict or limit use e.g by anticopying
measures such as copy bars.
Digital Rights Management is nowadays
sometimes referred to as Digital
Restrictions Management, and it is safe
to say that there remain a number of
unresolved problems in the borderlands
of law and ethics. The difficult
balancing of ownership versus access
interests are well reflected in the
reactions by many consumer groups to
the new EU Directive for the Enforcement
of Intellectual Property Rights,
which came into force in the spring of
2004. The protests point to the directive’s
alleged extreme provisions and
harsh treatment of ordinary consumers
even for non-commercial or accidental
infringements. The directive means
that the reverse engineering of software
products in order to produce competing,
compatible products would be
subject to sanctions. It is feared that
this would greatly affect the free software
movement and the growing use of
open source software.
Access
The pervasiveness of information technology
and the complexity of information
systems both have a bearing on
the ethical issue of access and the individual
right of fair treatment. Access
may refer only to the open versus closed
access of users to library materials.
Here the trend has been from closed to
open access almost everywhere except
in archival and research collections or
the library systems of totalitarian states.
Yet in a wider context access can
include the digital divide among and
within.What is fair treatment of those
on the wrong side of the digital gap? A
specific aspect of access which particularly
worries the academic and research
community is the increasing cost of
access to electronic journals. Initiatives
like SPARC (Scholarly Publishing and
Academic Resources Coalition) and
OAI (Open Archives Institutions)
reflect the academic community’s
concern with growing restrictions to
access. Strained library budgets and the
spiralling costs of electronic journals
not only restrict access, they may contribute
to the digital divide. Related to
this is the struggle between proprietary
and public domain software, e.g. illustrated
by the Microsoft-Linux competition.
The appeal of freeware, public
domain software, is obvious not only
to poorer countries but also to affluent
countries as cost saving measures.
Conclusion
In the information age and knowledge
economy, the librarian is becoming an
information professional, increasingly
exposed to the complexities of information
systems, where infoethics provides
a necessary compass. The profession,
as well as LIS education and research,
must take this into account.
The outlined LIS infoethical survival
kit with its emphasis on sources, issues
and individual rights, will hopefully
prove useful to LIS students, practitioners
and researchers alike.